Independent Legal Advice (ILA) Solicitors
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Understanding the legal implications of your contracts is vital; you do not want to get caught out. Our expert independent legal advice solicitors provide detailed analysis condensed into simple, jargon-free terms, helping you understand the implications of your agreements to make an informed decision about signing.
Our team can work with any mortgage provider, lender or employer to offer their clients and employees independent legal advice. You benefit from:
- Next-day appointments
- An ILA certificate
- Experienced ILA solicitors
- Jargon-free advice
- An SRA-regulated and Legal 500-recommended law firm
Types of Independent Legal Advice
You need independent legal advice to enter into many different types of agreements. We always recommend ILA when taking on financial risk, even when it is not compulsory.
Director Guarantee
When limited companies purchase property, lenders typically require a personal guarantee from the company directors to act as security outside the company’s limited liability.
We will provide independent legal advice to each company director, who will sign a Deed of Guarantee. Then we provide a solicitor’s certification and can witness your signatures.
Joint Borrower Sole Proprietor Mortgage ILA
If a mortgage borrower has another person providing security, ILA is necessary to ensure that the person providing the security is not coerced into doing so.
This type of agreement often occurs when a parent helps their child buy a home. The parent may not be on the title deeds and does not benefit from the mortgage, so they need ILA.
Occupier’s Consent to Mortgage
ILA is necessary when multiple people occupy a property, but only one person owns the property. The occupiers who are not on the title deeds must sign a document to waive their rights. This waiver protects the lender’s rights if the owner cannot repay their mortgage and the lender needs to repossess the property.
You may hear these documents called:
- An Occupier’s Waiver
- A Deed of Waiver
- A Deed of Postponement
- A Deed of Consent
Transfer Equity
Properties have a value called equity: the property’s market value minus the outstanding mortgage sum. If you want to transfer equity by changing your mortgage or property ownership, you need ILA. For example, you could transfer equity from sole to joint ownership if you get married.
You also need independent legal advice if you would like to release equity in your property. This process provides lump-sum capital from the property’s equity in exchange for a new mortgage that accrues interest.
Bridging Loans
Bridging loans are a short-term funding option typically used to make investments quickly and provide time to restructure your repayments. As the loan is secured against property, you need ILA to understand the risks.
Third-Party Legal Charge
You can secure a third-party mortgage against your property, taking on the risk of the third-party failing to make their repayments. ILA is necessary to ensure you understand the implication of this agreement.
Settlement Agreements
If your employer offers you a settlement agreement to resolve a workplace dispute, you need independent legal advice before signing it. Your employer typically covers this cost as part of the settlement.
The ILA Process
Independent legal advice is a simple process:
1. We Review Your Documentation
Your mortgage provider will send us your mortgage details and other relevant documents for us to review before we meet with you.
2. Video or In-Person Meeting
We organise a 10-15 minute video or in-person interview to discuss the documentation and the risks.
3. Wet Signatures
Wet signatures and witnesses are still mandatory; if you want to, you must sign the documents and send them to us to stamp and certify them.
4. We Send You a Digital Copy
After certifying the documents, we will scan them, send you a digital copy and forward the original copies to your solicitor.
Independent Legal Advice Price
The price of our advice depends on the type of agreement you are entering into and its complexity. We charge for the time required to analyse the contract as well as the meeting. All our quotes are tailored to your individual needs.
Instruct Our Solicitors Today
To instruct expert independent legal advice solicitors near you, contact our team today. We can answer any questions and organise your ILA meeting.
FAQ
Why am I the only person allowed in my ILA meeting?
ILA meetings are conducted to ensure you understand an agreement’s implications and are willingly signing. If another person is present, the adviser cannot confirm that you are signing without coercion. Our solicitors will cancel the meeting if another person tries to enter.
Should I get cheap independent legal advice?
ILA often comes at the end of a process and may seem like an extra expense, so we understand that cheap options are attractive. However, the best option you can afford will provide the most accurate advice.
The solicitor takes on financial risk when providing ILA, so they are both obligated and incentivised to provide the best advice possible.
Can you give free independent legal advice to existing clients?
A solicitor cannot give ILA to their clients. However, we can act as independent advisors for mortgage providers.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
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